5 factors noted in Angela Davis innocent verdict

5 Factors Noted in Angela Davis Innocent Verdict: From Moment It ...

Hager, Philip

Los Angele s Times ( 1923-Current File); Jim 6, 1972;

ProQuesl Historical Newspapers: Lus Angles Times ( 1 88 1 -1989)

pg. A3

5 Factors Noted
in Angela Davis
Innocent Verdict

From Moment It Approved
Jury, Defense Was All
but Certain of Acquittal

BY PHILIP HAGEK
Tim«j 5l«H Writer

SAX JOSE— On March 17, attorney
Leo Branton Jr. rose to tell the
court: "Your honor, the defense ac-
cepts the jury as presently constitut-
ed."

At that moment, her lawyers were
all but certain the jurors they had
selected would not find Angela Da-
vis guilty of murder, kidnaping and
conspiracy.

Late Sunday night, after acquit-
ting the defendant on all three
counts, members of the jury indicat-
ed they had never seriously consid-
ered bringing in a guilty verdict.

Some of their actions spoke louder
than words.

Juror Salutes Crowd

One juror, a 30-year-old mainten-
ance electrician from Montana,
waved a clenched-fist salute to a ju-
bilant crowd of Miss Davis' suppor-
ters outside the courtroom. A wom-
an juror, whom the defense thought
might favor the prosecution, danced
happily with a defense lawyer at a
victory celebration that night. And
at another defense party, held pri-
vately. 10 of the 12 jurors exchanged
champagne toasts with the 25-year-
old Communist and black militant.
Attorneys and other courtroom ob-
servers believe Miss Davis' case was
won because of the following fac-

tnrc-

1 — Jury selection.

The defense painstakingly investi-
gated prospective jurors in the case,
seeking to find at least unpreju-
diced, if not sympathetic, panel
members. Psychologists came to the
courtroom to study mannerisms and
expressions by prospective jurors
study mannerisms and expressions
by prospective jurors as they were
questioned by attorneys. A hand-
writing expert studied their signa-
tures, looking for personality char-
acteristics.

Volunteer investigators, already
armed with reports furnished by the
prosecution, further explored the
lives of the prospective jurors, pro-
viding defense lawyers with folders
full of information on them.

2 — The burden of "reasonable
doubt."

The prosecution offered an admit-
tedly circumstantial case: that Miss
Davis, while not present at the
scene, had helped plot the Aug. 7.
1070. Marin Civic Center kidnaping
attempt that resulted in the deaths
of a judge and three abductors.

The defense hammered at the lack
of direct evidence, reminding the
jury that under law the defendant
need not testify and that the state
had the burden of proving her guilt
beyond a reasonable doubt — a formi-
dable obstacle to conviction in al-
most any criminal case and especial-
ly formidable in a case where a con-
viction would have to be based nn
inferences drawn from a set of facts.

3 — Her release on bail.

Miss Dans had spent 16 months in
jail, but was released on S102,o00
bail just before her trial. Thus, to
the jurors, she was not presented as
a "dangerous" person, already jailed,
but rather as a "free" woman whom
the}' would have to send to prison
for life had they convicted her.

4 — Her lawyer's skill.

The defense team of four attor-
neys, referring to themselves as co-
counsel, was highly effective, as
evidenced by the outcome of the tri-
al. Branton and Howard Moore Jr.
handled most of the courtroom pre-
sentation. Branton concluding the
case with an emotional and far-rang-
ing argument some jurors were to
describe later as "moving." Doris
Brin Walker and Margaret Burn-
ham took charge of much of the de-
fense investigation of witnesses and
prospective jurors.

■ Please Turn to Page 22, Col. 1

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TRIAL FACTORS

Continuedfrom Third Page Asst. State Atty. Ccn.

- * *L. ir Ubert W. Harris Jr. ac-

5— Miss Davis herself. •

, . knowledged the prosecu-

- Acting as co-counsel in huuu , 1
Atuut, <» had be = ome con .

her own case, the defen- t

dant, who did not testify, i
nonetheless presented an
articulate and well-orga- j
nized opening statement,
declaring her innocence, j
Her charge that the state's |
case was hased on the
"male chauvinism" of the
prosecution — which had
declared her motive for in-
volvement was her "pas- j
sionate love" for the con-
vict George Jackson —
seemed well-aimed at a
jury of seven women and
five men. i
"Woman Foreman
"While declining to say
that "women's liberation"
was a primary factor in
the verdict, the jurors ac-
knowledged it was the
basis for their selection of
a woman as foreman. The
woman thev chose. Mrs.
Mary M. Timothy of Palo
Alto, signed the verdict as
"Ms. Timothy, fore-per-
son."

Of significance, unques-
tionably, was the state
Supreme Court's decision
Feb. IS to abolish capital
punishment. It was on this
basis that Miss Davis was
freed on bail, providing
the defense a psychologi-
cal lift and better access to
the defendant. Further, it
meant that jurors would
not need to be "death qual-
ified," giving assurances
that they could, under
some circumstances, ren-
der the death penalty.

A jury that is "death
qualified'" is generally re-
garded as less likely to ac-
quit.

Decline Comment

The juriors contacted ;
Sunday night and Monday \
by reporters declined to
comment on the evidence .
in the case, citing the I
forthcoming trial of con- ;
viet Ruchell Magee, who :
has been charged with ■
participating in the Marin
shootout. (His case was se-
parated from Miss Davis'.l
But nearly all agreed that
on none of the five ballots
was there a single vote for .
guilty — although some ab- :
stained on early ballot'.

The discussion was ■
"very civilized." said nne
juror, and while two jur-
ors asked for and were
granted permission to exa- ;
mine some trial exhibits,
others moved away and
played a game of cards.
The jury, he said, had
agreed on the key ques-
tion in the trial— her In-
nocence on the charge of
conspiracy — by the second
of three "days" of delibera-
tion.

Ralph E. DeLar.ge told
why he had waved the
clenched-fist to Miss Da-
vis' supporters. "It was a
spontaneous thing . . . fo
show a unity of opinion
for all oppressed people, to
show I felt a sympathy for
the people in the crowd."
he said. "I just wanted to
show them that we were
not just a 'white, middle-
class jury.'"

Celebration Dance

Mrs. Stephanie Ryon. a j
22-year-old collections cor- i
respondent for Sears, ac- j
cepted Branton's invita- i
tion to dance at a joyous j
celebration of some 400 I
persons at the Safari j
Room, a suburban night- j
club. Mrs. Ryon had taken
elaborate notes during the
pros ecution's presenta-
tion. But after Branton's
closing argument, when
the prosecution presented
its rebuttal, she had
stopped taking notes. The
trial, she told reporters,
had made a "big change"
in her life.

cerned when It was no-
ticed that Mrs. Ryon, and
others, had not taken
notes during Harris' re-
buttal.

In his presentation, the
prosecutor had set forth
one of his primary ar-
guments: that the well-
educated, former UCLA_

philosophy professor eith-
er knew about the plot —
or had been tricked and
"framed" by Jonathan
Jackson, George's brother
and her close friend, who
had smuggled the guns
she had bought into the
courtroom of Judge Ha-
rold J. Haley. The second

possibility, Harris said,
was extremely remote and
"beyond belief."

Harris said Miss Davis
herself "obviously was ■<
factor" with the jury.

"Jurors," he said, "seem
to feel they can't find any-
one guilty" in a conspiracy
unless it's an iron-clad

case. In this case we
thought we had the
evidence . . . but it's hard
to take pictures of a con-
spiracy.

"We still feel we had the
evidence for a conviction."
Harris said.. "But the jury
never seemed to get the
point."

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